This thesis discusses the comfort women legacy, women's rights movements in Korea, and how these phenomena have influenced each other over time since the Second World War. Through this assumed...Show moreThis thesis discusses the comfort women legacy, women's rights movements in Korea, and how these phenomena have influenced each other over time since the Second World War. Through this assumed correlation, the arguments presented in this thesis will fill a gap in the already existing literature surrounding these concepts.Show less
Under international law, states assume obligations to respect, protect, and to fulfil human rights (OHCHR). This thesis will demonstrate that the state can fail to carry out these tasks, and that...Show moreUnder international law, states assume obligations to respect, protect, and to fulfil human rights (OHCHR). This thesis will demonstrate that the state can fail to carry out these tasks, and that in these situations businesses can step up to enforce human rights, thus filling regulatory gaps. This topic will be approached by first providing a definition of CSR, and explaining the relevance of the concept. Following this, the thesis will discuss different eras in the history of state versus business power, proposing that there has been a shift from an era of extensive state power towards a relative erosion of state capacities, accompanied by an increase in the power of corporations. While it will be proposed that this erosion of state capacities has opened up new possibilities for companies to adopt political responsibilities (Schrempf-Stirling 2), the thesis will also seek to understand why companies would make use of these possibilities. In order to analyze firms’ motivations to expand their influence to the political sphere to promote human rights, the thesis will introduce a theoretical framework which will identify three different CSR theories. To examine the applicability of these theories, the thesis will perform three case studies in the context of the United States: 1) Open Carry, 2) Public Facilities Privacy & Security Act or the ‘House Bill 2’, also known as the ‘bathroom bill’, and 3) Executive Order 13769 or the so-called ‘Muslim ban’ or ‘travel ban’. Through these steps, the objective of the thesis is to determine 1) whether businesses have indeed expanded their capacities to the political realm in the context of human rights promotion, thus filling regulatory gaps as suggested by CSR scholarship, 2) how they have done so, and 3) what the underlying motivations behind companies’ CSR practices are. The findings are expected to support the twofold hypothesis that 1) businesses can become the key enforcers of human rights by expanding their power to the political arena, and 2) businesses have philanthropic and ethical responsibilities besides their economic responsibility of profit-maximization, which contribute to explaining their CSR activities.Show less
This research attempts to add to the existing literature on the extent to which state sovereignty can restrict the efforts of international actors in the 21st century, specifically the World Bank,...Show moreThis research attempts to add to the existing literature on the extent to which state sovereignty can restrict the efforts of international actors in the 21st century, specifically the World Bank, to guarantee social development and the protection of human rights. The World Bank is an organisation that in recent years has been criticised for not upholding human rights obligations due to reasons largely placed on the failings of the organisation itself. However, this paper examines state sovereignty, an external reason for the World Bank’s failure in upholding international human rights obligations, using the case study of the Chad-Cameroon Pipeline Project (CCPP).Show less
The increase of ASEAN tasks and functions has risen to a point where human rights have become enshrined in a regional commission. How can this be explained considering the history of straight up...Show moreThe increase of ASEAN tasks and functions has risen to a point where human rights have become enshrined in a regional commission. How can this be explained considering the history of straight up human right abstinence and abuses throughout the history of the member states. I hypothesise in this thesis that the recent democratisation of regimes of ASEAN member states caused supranationalism in the form of the creation of the ASEAN Intergovernmental Commission for Human Rights. In order to consolidate the new democracy, regimes may pursuit locking them in into supranational institutions. This will prevent the democratic regime from falling back to authoritarian rule, since it’s citizens rights are protected by a higher authority, out of reach of the direct power of the regime. Results suggest this theory may hold validity in the ASEAN region where recently democratised states are more likely to support supranational institutions than the long term democracies or authoritarian states. This means change in direction and norms in ASEAN is the result of democratisation of member states that are using ASEAN as vehicle for domestic political goals.Show less
By violating human rights norms in its refugee and asylum admissions policies while simultaneously advocating globally its adherence to the principles of liberal democracy, the United States has...Show moreBy violating human rights norms in its refugee and asylum admissions policies while simultaneously advocating globally its adherence to the principles of liberal democracy, the United States has provoked controversy over its immigration policy. Such controversy is the central focus of this essay. This essay will argue that increasing intolerance towards refugees and asylum seekers after 9/11 undermines aspects of liberal democracy in the United States by violating human rights norms in its refugee and asylum admissions policies.Show less
This thesis evaluates the compatibility of sharia law with modern universal values and human rights. The methodology used in this research is a comparative case study, taking Saudi Arabia and...Show moreThis thesis evaluates the compatibility of sharia law with modern universal values and human rights. The methodology used in this research is a comparative case study, taking Saudi Arabia and Malaysia as the two case studies analysed. The main focus of this research is evaluating the political and social factors which influence the extent to which Muslim countries comply with modern universal values and human rights. The political factors examined include state structure and governmental influence over the application of laws in a nation. Meanwhile, the social factors analysed include the influence of the history and background of a state over its laws. Subsequently, this comparative case study highlights the different manners in whch sharia law is applied across the Islamic world due to the influence of social and political factors.Show less
Martha Nussbaum provides with her capabilities approach some interesting ideas that might improve the current human rights doctrine substantially. However, Charles Beitz – who bases his practical...Show moreMartha Nussbaum provides with her capabilities approach some interesting ideas that might improve the current human rights doctrine substantially. However, Charles Beitz – who bases his practical conception on the existing human rights practices – questions if the capabilities approach can adequately cope with feasibility constraints. In this thesis, I will examine the relation of capabilities and human rights, and argue that the capabilities approach can account for Beitz’s feasibility-concerns. In addition, I will suggest that Beitz places feasibility constraints too central in his theory, and incorrectly assumes his practice-based method does not need a normative basis.Show less
Through qualitative legal research, this paper will answer the question: ‘How can constitutionalism be balanced with a human rights perspective, in EU accession to the ECHR?’ We hypothesize that...Show moreThrough qualitative legal research, this paper will answer the question: ‘How can constitutionalism be balanced with a human rights perspective, in EU accession to the ECHR?’ We hypothesize that this balance is possible. From the current academic debate, three theories applicable to this research are distilled: constitutionalism; a human rights perspective; and institutionalism. Through application of the first two theories, a concrete proposal for the way forward in EU accession to the Convention is constructed. The legal options for this proposal consist of Treaty revisions (including the adoption of a ‘notwithstanding’ protocol), unilateral measures (reservations, declarations, and agreements), and renegotiation of the Draft Accession Agreement. Thirteen amendments are proposed: eleven to the Draft Accession Agreement; one to the Draft Explanatory Report; and one to the TEU. Furthermore, it is argued throughout this research that institutionalist tendencies matter, but cannot serve as sole explanations for the Court’s reasoning. As the key conclusion, we find that a way forward in accession, that considers both constitutional demands and a human rights perspective, exists. Appended to this paper, a comprehensive proposal for this way forward is introduced.Show less
Because Kirchner was elected in a time of political disenchantment, it was necessary for him to show his worth and respond to the population’s demands. The realm of human rights violations was a...Show moreBecause Kirchner was elected in a time of political disenchantment, it was necessary for him to show his worth and respond to the population’s demands. The realm of human rights violations was a grand opportunity to revive political interest and gain legitimacy in Argentina. In such a context, Kirchner’s democratic “Republica” should have been exemplary in the respect of human rights, or so was thought. Several articles and CELS reports have shown that human rights violations still occurred under Kirchner. However, this information seems to be mostly disregarded in Argentina considering that Kirchner is still the most popular president in the country’s history (Manzetti, 176). In the hope of understanding how this dissonance came to be, this piece will assess how Kirchner’s human rights discourse allowed him to deal with past human rights violations while avoiding scrutiny for present ones.Show less
